Fiol Law Group|Posted in Lawsuits on July 20, 2020
Slip, trip and fall accidents send thousands of victims to hospitals in Florida each year. Dangerous premises can contain defects such as wet or waxed floors that cause slip and falls. In these situations, the owner of the dangerous premises may be liable for failing to prevent the accident. If you recently slipped and fell as a result of a property owner’s negligence, you should consult a slip and fall accident attorney to go over your legal options. An attorney may be able to get you a bigger settlement then what the at-fault party offers without a lawyer present.
How Does a Slip & Fall Case Work?
A slip and fall case works on the legal doctrine of premises liability. Premises liability states that it is a property owner’s legal responsibility to maintain the safety of premises. If an owner negligently fails to do so and a visitor slips and falls due to a property defect, the owner could be liable for damages. The owner may have to pay for the injured victim’s medical bills, lost wages and other losses for negligently failing to prevent the fall. Liability will depend on the victim’s ability to prove the defendant’s fault.
- The property owner owed a duty of care to the visitor.
- The property owner failed to meet the legal standards of care.
- The breach of duty caused the visitor’s slip and fall accident
- The visitor suffered injuries or damages as a result.
These are the four main elements of a slip and fall claim in Florida. You or your premises liability lawyer will have the responsibility to prove the defendant’s fault for your accident. This may require proving the owner had actual knowledge of the dangerous condition yet failed to exercise his or her duty to repair the issue. Only then may you recover compensation from the property owner for your slip and fall injuries.
A Lawyer Can Establish Fault in Slip & Fall Claim
Establishing fault is often difficult during a slip and fall claim in Tampa. The high volume of these lawsuits has led to the courts being strict with evidentiary standards and proof of liability. It can be especially hard to prove a soft-tissue injury, such as muscle strain, that does not appear on x-rays or scans. Hiring an attorney for a slip and fall accident can make it easier to fulfill your burden of proof and receive fair compensation for your losses. Your injury lawyer will know what evidence to collect to prove your claim such as medical records and photographs. An attorney can help you establish fault and fight for financial recovery while you focus on healing from your injuries.
Proving Losses Due to Slip & Fall Injuries
An insurance company will request documentation demonstrating your slip and fall accident injuries. It will be up to you – or your personal injury attorney – to collect this proof and provide it in a timely manner.
- Video surveillance footage
- Photographs of the injury
- Photographs of the site of the fall
- Eyewitness accounts
- Accident reports
- Police reports
- Bills and receipts
One of the key reasons people hire a lawyer for a slip and fall accident is for assistance proving losses. Insurance companies often refute liability and try to downplay a client’s injuries to save money on payouts. With a lawyer representing you, an insurance company will have no choice but to take your claim seriously and treat you fairly.
How Much Will a Slip & Fall Attorney Cost
An attorney can make a major difference in the success of your case. A slip and fall accident lawyer will know what an insurance company or courtroom is looking for in terms of evidence and proof of fault. Most slip and fall lawyers do not charge anything upfront. They only make their clients pay if and when the case succeeds. If your lawyer works on a contingency fee basis, you will only pay him or her a percentage of a settlement or judgment award won. Discuss the price of legal services in more detail with an attorney from Fiol Law Group after a slip and fall accident in Tampa.